Terms of use

We ask you to read these Terms of Use carefully. They show that the community nature of this website is of a great importance to us and that we want to respect everyone’s rights. If you have any questions, please do not hesitate to contact us.

These general Terms of Use (hereinafter “Terms”) are governed by Belgian Law and set out the terms and conditions of use of the website and apps “Speektime.com” (collectively, including all content and functionalities available through the Speektime.com website, hereinafter the “Website”, but also the apps Speektime), published by Medianext (Legal information). All data transmitted by you on the Website is referred hereunder as "Your Content".

Medianext strives to create a global community with consistent standards for everyone, but also strives to respect local laws.

By accessing, visiting or using the website in accordance with the terms set out thereafter, regardless of you being a registered user or unregistered user, an individual or a single entity (“you” or “your” as applicable), you expressly and unconditionally agree to the terms and all other policies of Speektime. 

If you are not an individual, you hereby represent to Medianext that you have all necessary corporate or equivalent authority and power to agree to the terms which you agree shall be binding on the corporation, association or other entity in whose name you are registering as a user and establishing an account. 

If you do not agree to any of these terms, you may not use the Website.


1. Description of the Website

Speektime.com is an innovative, public and original recording and hosting website for audio testimonials which enables users to upload, record, access, listen to, share and comment on their personal audio testimonials. In accordance with Internet practice and custom, advertisements may be incorporated into the Website.


2. Intellectual Property Rights of Users

If you have registered a Speektime account on which you host content, including uploaded audio testimonials, uploaded images, comments on audio testimonials, your name and your birth date (“Your Content”), Medianext does not own Your Content. 

You hereby give Medianext a transferable, assignable, royalty-free and worldwide license on any element of Your Content subject to intellectual property laws, including, but not limited to, audio testimonials you record on the Website. This license agreement is terminated when you delete Your Content or your account provided that Your Content has not been shared with third-parties or provided that such third-parties have deleted Your Content. Furthermore, for the entire period during which your content is hosted and strictly for purposes of Website access on Internet or on other electronic communication media or technology, you hereby authorize Medianext to reproduce and display Your Content for commercial use and, if strictly necessary, alter its format for such purpose including, but not limited to, using Your Content on other media such as TV broadcast, radio broadcast or other social network.

Your Content is publicly accessible on the Website and displayed on search engine results on Internet. By making Your Content accessible to third-parties, you hereby agree to allow any users to listen to and transmit Your Content, on or through the Website, on other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles) free of charge and for personal use only, for the entire period during which Your Content is hosted on the Website. 

When publishing content, you hereby allow third-parties, including Internet users other than registered Speektime users, to access and use such information and associate it with you (including with your name and profile picture).

Medianext shall not be liable for any misappropriation and/or piracy of transmitted data including Your Content. You are responsible for taking all appropriate steps to protect such data, where applicable.


3. Intellectual Property Rights of Other Users

Other users of the Website may have provided content pursuant to these Terms of Use and other notices and policies set forth on the Website. You may access such content solely: 

  • for your information and personal use; and
  • within the normal functionality of the Website as intended by its creators;

Moreover, you hereby represent and warrant that you will not display on any other website Your Content or other users’ content which include any element that (i) breaches any intellectual property rights of any third parties or (ii) harm any person (including, but not limited to, defamation, slander or insult) or any third party’s privacy rights or (iii) encourages violence or hatred towards any individual or group, or cruelty towards animals or (iv) contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity or (vii) constitutes a threat to public order or standards of decency and good morals or (viii) violates any applicable laws. 


4. Intellectual Property Rights of Medianext

The Website is the exclusive property of Medianext. Medianext grants users a free, personal, non-exclusive and non-transferable right to access and use the Website provided compliance with the Terms. No other right shall be granted without Medianext’s prior written consent. All data (other than Your Content and other users' content) included on or accessible through the Website, including, but not limited to, any text, graphs, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, videos, typefaces, graphics, music, sounds, and other material and software (the “Speektime Content”), is the exclusive property of Medianext and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. Speektime Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Medianext or Medianext's licensors. You agree not to use or exploit Speektime Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Speektime Content. All rights not expressly granted in the Terms are reserved to Medianext and its licensors.


5. Liability of Medianext

Medianext is not bound by any duty to monitor content transmitted via or stored on the Website. The only duties Medianext may be bound to as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) retention of your connection data, which is additionally subject to a duty of confidentiality and treated in compliance with the laws and regulations related to Personal Data, and (iii) removal of any clearly illegal content which has been effectively brought to our attention.


6. User Liability

As a supplier of content including audio testimonials, photos, comments on audio testimonials and your name, you shall comply with the relevant laws and regulations in force. You shall ensure that Your Content stored on or disseminated through the Website (i) does not violate any third party's intellectual property rights (including music, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal harm (including, but not limited to, slander, defamation and insult) or violate privacy or (iii) is not contrary to public order and accepted moral standards (including, but not limited to, denials of crimes against humanity, hate speech or child pornography).

You may not post unauthorized commercial communications (such as spam) on Speektime. You may not upload viruses or other malicious code. You may not solicit login information or access accounts belonging to third parties.

By uploading or disseminating images to or through the Website, you hereby warrant that you are not uploading any infringing material and warrant that you have all necessary rights and authorizations from the copyright owner(s) and have paid any relevant royalties or other fees regarding any licenses or permissions that may be required from copyright royalty collection organizations.

Failure to comply with these provisions will result in Your Content being removed as set out in those terms and/or your account being deactivated without prior notice. In addition, you shall be solely liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website, users shall maintain certain ethical standards with respect to the audio testimonials and/or images and/or comments made available online and, in particular, shall refrain from disseminating any violent or pornographic content. A link “Report Abuse” is displayed next to each Player in order to allow misuse to be reported by other users when relevant.

Speektime shall ban hate speech, including content that is directly aimed at discriminating people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases. Organisations and people promoting hatred against such groups may not use Speektime. Likewise, Medianext relies on Speektime community to report this content to Medianext. 


7. Registration and Access

In order to use the Website's features, you must set up an account using the online registration form. You may freely modify the Personal Data you provide on the form at any time. You may access your account by entering your email address and password, which you shall be solely responsible for keeping it confidential and private. Registration allows you to use the Website for an unlimited period of time. Medianext reserves the right to terminate your account at any time, by e-mail, subject to reasonable notice. Failure to fulfil your aforementioned duties with regard to user liability may result temporary or permanent suspension of termination of access to your personal space immediately and without prior notice, through the deactivation of your account, without prejudice to any other rights Medianext may have.


8. Privacy Policy

Medianext collects and subsequently processes (i) the Data that you voluntarily provide on the registration form on the Website including your first name, last name, a valid email address, and your year of birth and (ii) your IP address (the address of your computer) by an automatic collecting process. 

Please note that without regard to your quality as a registered user or not, the Website may implement or allow third-party companies to implement automatic tracking processes (cookie or web beacon). The Data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected through these automatic tracking processes are anonymous and are used in order to improve the Website’s quality (such as the improvement of your search results and of the advertising selection provided to you).

Provision of data indicated on the Website as mandatory is required in order to use the Website’s features (such as audio recording or comments). Data automatically collected by the Website allows us to compile statistics on web page visits. Because Medianext is a Belgian company, the Data is collected and maintained in Belgium. For your information, this processing has been reported to the relevant local authority (Commission for the protection of privacy).

Except for your non-personally identifiable information as stated in paragraph 2, your Data is not transmitted to third parties. However, Medianext may disclose Data pursuant to applicable law or in good faith that such action is necessary to comply with statutes and applicable law or comply with court order, subpoena, or search warrant or to protect Medianext’s rights and interests. Whenever practically and legally possible, Medianext shall promptly notify you upon receipt of a subpoena, and not produce your Data until approximately two weeks after receipt of the subpoena, so that you will have adequate opportunity to move to challenge the subpoena in court.

Medianext attaches great importance to the security of your Data, and takes all appropriate steps to limit the risk that it may be lost, damaged or misused.

Data is stored on the servers of the Website host and is kept only as long as necessary for the purposes set out above. After such period, data may be kept only for statistical purposes and shall not be used for any other purpose.

Children under the age of 13 are not permitted to register in Speektime. It is Medianext’s policy not to collect any information from anyone under the age of 13. 

In any case, you implicitly declare upon registering on the Website that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Speektime website at any time or in any manner.

If you are the parent or legal guardian of a child under 13 who has registered with Speektime, please send an e-mail to info@speektime.com for instructions on how to cancel your child's registration. In the e-mail, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. Medianext shall use this information only to verify that you are the child's parent or legal guardian and for no other purposes. 

You are entitled to access and correct your Data by requesting to do so via the Personal Info section of your profile or by sending a letter to the following address: Medianext – Freesiadreef 5 PB 134 – 1030 Brussels Belgium.



9. Availability of the Website

In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since Medianext is automatically subject to an obligation to use our best endeavours, Medianext shall not be liable for damage of any kind due to the Website being unavailable.


10. Proof, Retention and Storage

The computer registers stored on Medianext systems in accordance with standard safety practices shall be considered legal proofs of any e-mails exchanged, registration forms sent, audio testimonials uploaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.


11. Souvenir Eternel

The Terms of Use hereby apply to any content transmitted via the telephone platform Souvenir Eternel. For data modification or removal matters with regard to such telephone platform, you may call the number 00 32 2 746 78 78 or send an email to info@speektime.com.


Last updated: 2015, October 22th 




LEGAL INFORMATION


Speektime, edited by Medianext 

Type of company: Private limited liability company (SPRL/BVBA)

Trade and Companies Register: Brussels, 0818 657 333

Registered office: Freesiadreef 5 PB 134 – 1030 Brussels – Belgium 

For any questions regarding Speektime, please contact us: info@speektime.com.